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Greening the WTO's Disputes Settlement Understanding: Opportunities and Risks - WP 01/28

Publication Details

  • Greening the WTO's Disputes Settlement Understanding: Opportunities and Risks
  • Published: Dec 2001
  • Status: Current
  • Author: Rose, Jim
  • JEL Classification: D72; F18; K32
  • Hard copy: Available in PDF format only.
 

Greening the WTO's Disputes Settlement Understanding: Opportunities and Risks

New Zealand Treasury Working Paper 01/28

Published Dec 2001

Authors: Jim Rose

Abstract

It is reasonable to ask whether the WTO's rules may hamper the ability of national and sub-national governments to be genuine pacesetters in environmental law making.

Environmentalists consider that the WTO's disputes panels may encourage governments to converge to the relevant international standard for a particular risk regulation because such uniformity is likely to reduce the incidence of trade disputes.

Proposals that go beyond environmental advocacy and greater transparency in the WTO's disputes settlement process-changes such as a weakening of the sound science requirement and incorporating stronger forms of the precautionary principle into WTO agreements on biosecurity laws-reduce due process safeguards against disguised regulatory protectionism in New Zealand's agricultural export markets.

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